(A) Both drug and alcohol testing is performed on any “on duty” employee performing a safety-sensitive function for the town, following any accident involving a fatality; or any accident in which the employee receives a citation under state or local law for a moving traffic violation arising from the accident.
(1) An ACCIDENT is defined as an incident involving a vehicle in which there is a fatality, an injury treated away from the scene, or where a vehicle is towed from the scene. After any accident, the employee must contact his or her supervisor, who in turn shall contact the Town Manager as soon as possible.
(2) The FMCSA/DOT requires that any time a post-accident drug or alcohol testing is required, it must be performed as soon as possible following the accident. If no alcohol collection can be made within eight hours of the accident, attempts to collect a breath sample shall cease. If no urine collection can be obtained for purposes of post-accident drug testing within 32 hours, attempts to make such a collection shall cease. All attempts to collect shall be documented by a supervisor.
(3) In the event that federal, state or local officials conduct breath or blood tests for the use of alcohol and/or urine tests for the use of controlled substances following an accident, these tests shall be considered to meet the requirements of this section. The employee agrees to sign a release allowing the town to obtain the test results from federal, state or local officials.
(4) In the event that the employee is so seriously injured that the employee cannot provide a urine specimen or breath sample at the time of the accident, the employee must provide necessary authorizations or releases for the town to obtain hospital records, medical records or other documents that would indicate whether there were controlled substances or alcohol in the employee's system at the time of the accident.
(B) Return-to-duty testing is required for employees who want to return to work after being unqualified for a safety-sensitive function. The return-to-duty testing can be done once the referral/evaluation has been completed. All return-to-duty testing requires a negative result prior to the employee returning to a safety-sensitive function.
(C) Follow-up testing is required after rehabilitation for a drug or alcohol misuse problem and a return-to-duty test. Six unannounced follow-up tests are required within one year of evaluation and treatment by a substance abuse counselor.
(Ord. 95-22, passed 12-27-1995; Am. Ord. 05- 04, passed 2-28-2005: Am. Ord. 2012-04, passed 1-23-2012; Am. Ord. 2014-11, passed 8-25-2014)